Conditional uses may be compatible with the other land uses permitted in a zoning district but, because of their unique characteristics and potential impacts on the surrounding neighborhood and City as a whole, require individual review of their location, design, configuration, and/or operation in order to ensure that the use is appropriate at a particular location.

No use designated as a conditional use by the schedule of district regulations shall be established until the use has received approval under the provisions of this Article and has received a Certificate of Compliance, a Determination of Level of Service Compliance, a Building Permit, a Certificate of Occupancy, and a local business tax receipt, as applicable, pursuant to the requirements of these regulations.

(Ord. No. 914, § 2, 2-13-07)

(A)

A site plan meeting the requirements of Article 85, Site Plans.

(B)

Any other information as may be required for a determination of the nature of the proposed use and its consistency with the Comprehensive Plan, and effect on the surrounding properties and the neighborhood.

(A)

The Director shall forward copies of the complete application to the DRC for review to determine whether the conditional use complies with these regulations, and whether conditions of approval are recommended in order to mitigate concerns related to the review criteria of Subsection (B), below.

(B)

Planning and Zoning Board review.

(1)

The PZB shall establish a public hearing pursuant to the quasi-judicial public hearing procedures of Article 75 to consider public testimony, if any, and the staff recommendation, and based upon the criteria for review in this Article, shall deny, approve or approve the application with conditions as it deems necessary to have the proposed use meet the standards set forth in the review criteria, below, and to prevent or minimize adverse effects on other property in the neighborhood. Conditions may include, but are not limited to: limitations on size, bulk and location; duration of construction period; signage; requirements for landscaping and other screening, outdoor lighting, and the provision of adequate ingress and egress; duration of the approval; hours of operation; and the mitigation of environmental impacts. Conditions may be imposed for a specific period of time, after which time the condition shall expire and the obligations of the applicant pertaining to such condition shall automatically terminate.

(2)

The standards of review are as follows:

a.

The proposed use shall be consistent with the Comprehensive Plan;

b.

The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, comfort, or general welfare;

c.

The proposed use shall not diminish the use or enjoyment of other property in the immediate neighborhood for the purposes permitted in the district;

d.

The establishment of the conditional use shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district;

e.

The proposed use shall not diminish property values in the neighborhood.

f.

Adequate utilities, road access, drainage, and other necessary facilities already exist, shall be provided by the applicant, or are programmed to serve the proposed use;

g.

Adequate measures already exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, and to provide safe and adequate pedestrian and vehicular circulation;

h.

The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed development;

i.

Development of the proposed use shall not adversely affect a known archaeological, historical, or cultural resource located on or off the parcel proposed for development;

j.

The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property;

k.

The applicant has the financial and technical capacity to complete, operate, and maintain the conditional use as proposed and has made adequate legal provisions to guarantee the provision, development and maintenance of any buffers, landscaping, public open space, and other improvements associated with the proposed use; and

l.

The proposed use shall meet all other standards or requirements set forth in the ULDR that apply to that use in the zoning district in which it is located.

(3)

In each case wherein action upon application for a conditional use is taken by the PZB, the decision of the PZB shall be recorded in the minutes of its meeting, and thereafter an order shall be prepared and entered into evidence such decision, which shall set out with sufficient clarity the exact legal description of the land and premises affected, and the decision, including conditions, made by the board. One copy of the order shall be kept by the City Clerk to become a public record, one copy shall be kept by the Department, and one copy forwarded to the applicant.

(A)

Approval of a conditional use request, unless otherwise provided by the PZB approval, shall become null and void unless a development permit (if required for use or occupancy) pursuant thereto is issued within twelve (12) months of the date of any such action by the board, and construction or use of the premises is underway. The Director may grant one, four (4) month extension upon receipt of a request for extension from the applicant, prior to the twelve (12) month expiration, stating the reasons for the request.

(B)

Whenever the PZB has acted upon a conditional use for property, whether approved or denied, the PZB shall not thereafter consider any further application for the same or any other kind of conditional use for any part or all of the same property for a period of one year from the date of approval or denial by the PZB. The above time limits may be waived by a majority vote of the PZB, when the PZB deems such action necessary to prevent injustice or to facilitate the proper development of the City.

(C)

Permits issued under a conditional use approval shall be revoked by the Director in the case of failure to comply with conditions of approval or applicable regulations.

(D)

Any discontinuation of an approved conditional use for a period of one hundred eighty (180) consecutive days shall constitute abandonment, and shall rescind the approval of the conditional use.

(A)

Except as provided under Subsection (B) below, any modifications to an approved conditional use and any addition to or expansion of an existing conditional use shall require the same application, review and approval as required under this Article for the original approval of the conditional use.

(B)

Minor changes in the site plan or design details of an approved conditional use which are consistent with the standards and conditions applying to the conditional use and which do not result in additional external impacts, including but not limited to, a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, and the relocation of a driveway, may be approved by the Director.